Kerala High Court says family is a site of violence against LGBTQIA+ persons

The Kerala High Court recently made pertinent observations regarding the violence faced by LGBTQIA+ individuals, especially queer women inside the walls of their home. .A division bench of Justices Raja Vijayaraghavan V and PM Manoj noted that LGBTQIA+ individuals, face violence, stigma, discrimination and familial rejection from an early age on the basis of their identity. “For many LGBTIQA+ individuals, especially in India, expressing their gender identity or sexuality, is an act of defiance in a society that continues to set rigid cultural norms for gender identity and expression...This stigma is often rooted in inaccurate beliefs and cultural norms that repress gender non-conforming behaviour and expressions. The economic, social and political discrimination against them can have long-term impacts on their mental health, employability, access to education, housing and shelter especially if such individuals experience familial rejection and isolation from social support systems," the Court said. Living under such circumstances can take a huge toll on individuals and therefore, it is important to recognise family as a site of violence and control. "This rejection can take a devastating toll on individuals and isolate them from physical, emotional and economic resources that are essential to their well-being. In such cases, it is important to recognise the family as a site of violence and control for many queer women, who they need protection from rather than any “guardianship'," the Court observed.For many LGBTIQA+ individuals, especially in India, expressing their gender identity or sexuality, is an act of defiance in a society that continues to set rigid cultural norms for gender identity and expression.Kerala High Court.In this regard, the Court also emphasised that the concept of family is not limited to natal family and can also refer to a person's chosen family."Though this is true for all persons, it has gained heightened significance for LGBTQ+ persons on account of the violence and lack of safety that they may experience at the hands of their natal family. When faced with humiliation, indignity, and even violence, people look to their partners and friends who become their chosen family," the Court said. .It is important to recognise the family as a site of violence and control for many queer women, who they need protection from rather than any “guardianship.Kerala High Court.The Court made these observations while considering a habeas corpus plea moved by the parents of a woman alleging that their daughter was illegally detained by a person that they identified as belonging to the LGBTQIA+ community. They alleged that this person, along with others, had established a social media group called "Mazhavillu" [rainbow] and had lured their daughter into joining the group. They also contended that their daughter suffers from behavioural issues and has been treated by a counselling psychologist on previous occasions. .The Court interacted with both the daughter and her partner. The daughter informed the Court that her partner is a transman and that she has consciously chosen to be in a relationship with him. She also alleged that her parents were trying to convince her to change her identity and sexual orientation under the guise of addressing supposed psychological issues. She added that she is fearful of retribution and violence at the hands of her family..The High Court noted that the petitioners' daughter is an adult who has made an informed decision to live with her partner. It also deprecated the report of the counselling psychologist, including the fact that it referred to the transman as a woman."The psychologist appears to have operated under the erroneous presumption that expression of gender identity or sexual preferences by Ms.X (petitioners' daughter) is an act of defiance and if treated, her identity and sexual orientation could be altered. Such assumptions are baseless and inappropriate, and the report cannot be used to override the autonomous choices that Ms. X has made," the High Court observed. .The petitioners' daughter has the right to live life on her own terms, the Court said while dismissing the petition..When faced with humiliation, indignity, and even violence, people look to their partners and friends who become their chosen familyKerala High Court. At the request of the daughter, the Court also issued necessary directions to ensure that she remains safe from threats and violence from her family..The petitioners were represented by advocate A Sanil Kumar.The daughter's partner was represented by advocate Rebin Vincent Gralan. Government Pleader PM Shameer appeared for the State. .[Read Judgment]